Legislature(2021 - 2022)SENATE FINANCE 532

05/12/2021 09:00 AM Senate FINANCE

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Audio Topic
09:03:01 AM Start
09:04:01 AM SB130
10:00:11 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 130 ELECTRONIC PULL-TAB GAMES TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
+= HB 69 APPROP: OPERATING BUDGET/LOANS/FUNDS TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 71 APPROP: MENTAL HEALTH BUDGET TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
SENATE BILL NO. 130                                                                                                           
                                                                                                                                
     "An Act relating to electronic pull-tabs."                                                                                 
                                                                                                                                
9:04:01 AM                                                                                                                    
                                                                                                                                
SENATOR MIA  COSTELLO, SPONSOR, introduced  the legislation.                                                                    
She  stated that  the bill  was  a committee  bill from  the                                                                    
Senate Labor  and Commerce Committee. She  remarked that the                                                                    
committee had focused on modernizing some of the statutes.                                                                      
                                                                                                                                
9:05:17 AM                                                                                                                    
                                                                                                                                
MELODIE WILTERDINK, STAFF, SENATOR MIA COSTELLO, read the                                                                       
Sponsor Statement (copy on file):                                                                                               
                                                                                                                                
     Traditional  paper pull-tabs  are miltilayered  tickets                                                                    
     with perforated sections that  when "pulled" by tearing                                                                    
     the perforation, reveal  symbols which indicate whether                                                                    
     the  player  has  won.   Pull-tab  gaming  permits  are                                                                    
     exclusively  available  to   charities  in  Alaska  for                                                                    
     fundraising,  and Alaska  charities have  benefitted by                                                                    
     receiving donations through pull-tab games.                                                                                
                                                                                                                                
     Senate  Bill 130  would  allow  pull-tab operators  the                                                                    
     choice   of  providing   paper   pull-tab  tickets   or                                                                    
     electronic pull-tab tickets,  which are accessed onsite                                                                    
     through a kiosk or  tablet device. Electronic pull-tabs                                                                    
     are played in  the same manner as  paper pull-tabs, but                                                                    
     there are  no physical tickets for  operators to count,                                                                    
     deface,  or  store.  Benefits of  electronic  pull-tabs                                                                    
     include   increased  security,   easier  tracking   and                                                                    
     reporting, and reduced fraud. Modernizing pull-tabs                                                                        
     makes it less onerous for small businesses to become                                                                       
     pull-tab operators in support of local charities.                                                                          
                                                                                                                                
9:06:56 AM                                                                                                                    
                                                                                                                                
Ms.  Wilterdink discussed  the Sectional  Analysis (copy  on                                                                    
file):                                                                                                                          
                                                                                                                                
     Sec. 1  AS 05.15.690 Page 1, Lines 3-8                                                                                     
     Amends AS 05.15.690(38) to insert the phrase "or                                                                           
     electronic representation of a card" when describing                                                                       
     pull-tab games.                                                                                                            
                                                                                                                                
     Sec. 2  Page 1, Lines 9-12                                                                                                 
     Amends uncodified law to add a new section which                                                                           
     allows the Department of Revenue to adopt regulations                                                                      
     necessary to implement the Act.                                                                                            
                                                                                                                                
9:07:30 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski wondered  whether there  was somewhere                                                                    
in the  title that limited  the location of where  the games                                                                    
could be played.                                                                                                                
                                                                                                                                
9:07:46 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink  replied that the  bill would not  change any                                                                    
other  laws surrounding  pull  tab  games. Electronic  games                                                                    
would   have  to   be  played   on  site   of  a   pull  tab                                                                    
establishment.                                                                                                                  
                                                                                                                                
9:08:16 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski  felt that  the description  was broad.                                                                    
He  clarified that  a person  would not  be able  to use  an                                                                    
iPhone to gamble outside of an establishment.                                                                                   
                                                                                                                                
9:08:40 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink replied in the affirmative.                                                                                      
                                                                                                                                
9:08:52 AM                                                                                                                    
                                                                                                                                
Senator  Wilson wondered  how the  gaming establishment  set                                                                    
probabilities on the games.                                                                                                     
                                                                                                                                
9:09:04 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink  replied that the pull-tabs  were currently a                                                                    
fixed run, with  a certain number of winners.  She said that                                                                    
approximately 75 percent  of what was paid in  was paid back                                                                    
out.                                                                                                                            
                                                                                                                                
9:09:58 AM                                                                                                                    
                                                                                                                                
Senator  Wilson  asked  whether the  vendor  would  set  the                                                                    
probability of the winnings. He  remarked that he may have a                                                                    
conflict  of interest  as he  owned stock  in an  electronic                                                                    
gaming vendor.                                                                                                                  
                                                                                                                                
9:10:39 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink replied  that that probability was  not up to                                                                    
operators and vendors. She said  that pull tab manufacturers                                                                    
in  the  state had  regulations  set  by the  Department  of                                                                    
Revenue. She  said that  by the time  the pull  tabs reached                                                                    
the  vendors   the  decision  on   winners  had   been  well                                                                    
established.                                                                                                                    
                                                                                                                                
9:11:27 AM                                                                                                                    
                                                                                                                                
Senator  von Imhof  surmised that  currently a  person could                                                                    
only  play for  as  long  as they  had  cash  to spend.  She                                                                    
assumed that electronic playing would  use a credit card and                                                                    
wondered whether limits would be placed on spending.                                                                            
                                                                                                                                
9:12:23 AM                                                                                                                    
                                                                                                                                
Ms.  Wilterdink responded  that the  electronic sales  would                                                                    
still use cash. Cash would be  given to the vendor who would                                                                    
then upload the game.                                                                                                           
                                                                                                                                
9:13:18 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof understood that  the vendor  would accept                                                                    
the  cash and  load the  electronic  game to  a device.  She                                                                    
wondered whether the games could  be hacked and might not be                                                                    
more secure than paper.                                                                                                         
                                                                                                                                
9:14:21 AM                                                                                                                    
                                                                                                                                
Senator  Olson wondered  how the  electronic games  would be                                                                    
delivered to rural areas of the state.                                                                                          
                                                                                                                                
9:14:37 AM                                                                                                                    
                                                                                                                                
Ms.  Wilterdink thought  that  the  electronic gaming  might                                                                    
make access to playing easier for rural Alaskans.                                                                               
                                                                                                                                
9:15:37 AM                                                                                                                    
                                                                                                                                
Senator  Olson  understood  that  someone  without  internet                                                                    
service would be unable to participate.                                                                                         
                                                                                                                                
9:15:46 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink deferred to an invited testifier.                                                                                
                                                                                                                                
9:15:53 AM                                                                                                                    
                                                                                                                                
Senator  Olson  wondered  how   gambling  addicts  could  be                                                                    
protected from the electronic games.                                                                                            
                                                                                                                                
9:16:17 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink thought  that having to pay cash  to have the                                                                    
games loaded to a device could help limit spending.                                                                             
                                                                                                                                
9:16:32 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski noted  that  current statute  required                                                                    
that  each series  of pull  tabs manufactured  in the  state                                                                    
needed to be sealed and have a serial number.                                                                                   
                                                                                                                                
9:17:12 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  interjected that there were  members of the                                                                    
executive branch online to answer questions.                                                                                    
                                                                                                                                
9:17:44 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink deferred to the Department of Revenue (DOR).                                                                     
                                                                                                                                
9:18:23 AM                                                                                                                    
                                                                                                                                
COLLEEN  GLOVER,   TAX  DIVISION  DIRECTOR,   DEPARTMENT  OF                                                                    
REVENUE,  ANCHORAGE (via  teleconference), relayed  that the                                                                    
department  was  working  with  the  Department  of  Law  to                                                                    
determine  how the  bill could  marry existing  statute. She                                                                    
stated that  there was existing  detail in statue  for paper                                                                    
pull tabs but  not much detail in  regulations. She believed                                                                    
that it could be cleaner to  have a separate set of statutes                                                                    
for electronic pull tabs.                                                                                                       
                                                                                                                                
9:20:00 AM                                                                                                                    
                                                                                                                                
Senator   Wielechowski   wondered   whether  there   was   a                                                                    
difference  between the  definition of  a  pull  tab  and  a                                                                    
 pull tab game.                                                                                                                 
                                                                                                                                
9:20:27 AM                                                                                                                    
                                                                                                                                
Ms.  Glover  replied  that  in  statute  there  was  only  a                                                                    
definition for pull tab game and not a pull tab ticket.                                                                         
                                                                                                                                
9:20:43 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop asked about the  tax on charitable gaming in                                                                    
regard to the state treasury.                                                                                                   
                                                                                                                                
9:21:08 AM                                                                                                                    
                                                                                                                                
Ms.  Glover replied  that currently  there was  a 3  percent                                                                    
pull  tab tax,  and associated  fees and  licenses with  all                                                                    
game types, which brought in  approximately $2.5 million per                                                                    
year to the state treasury.                                                                                                     
                                                                                                                                
9:21:38 AM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop noted  that  there was  a  box of  receipts                                                                    
before  the committee.  He understood  that an  argument for                                                                    
electronic pull tabs  was that they would  be more efficient                                                                    
to  handle for  the Tax  Division and  could help  eliminate                                                                    
fraud. He  requested an  estimate on  how much  lost revenue                                                                    
and fraud the state experienced due to paper pull tabs.                                                                         
                                                                                                                                
9:22:21 AM                                                                                                                    
                                                                                                                                
Ms.  Glover could  not speak  to  fraud. She  said that  the                                                                    
department  had   reached  out  to  other   states  who  had                                                                    
implemented electronic  pull tabs with  questions concerning                                                                    
effectiveness.                                                                                                                  
                                                                                                                                
9:23:52 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop OPENED invited testimony.                                                                                       
ANGIE  FRAIZER,  COMMUNICATIONS  OFFICER,  ANCHORAGE  POLICE                                                                    
DEPARTMENT    EMPLOYEES    ASSOCIATION,    ANCHORAGE    (via                                                                    
teleconference), spoke  in support  of the bill.  She stated                                                                    
that  charitable   gaming  was  important   for  fundraising                                                                    
efforts made  by her organization.  She thought  that moving                                                                    
to  electronic gaming  would benefit  charitable fundraising                                                                    
in the state.                                                                                                                   
                                                                                                                                
9:26:56 AM                                                                                                                    
                                                                                                                                
JACK TRIPP, OWNER, THE  VIKING, JUNEAU (via teleconference),                                                                    
testified in  support of the  legislation. He  believed that                                                                    
electronic pull  tabs would  be more  secure than  paper and                                                                    
would eliminate human error.                                                                                                    
                                                                                                                                
Co-Chair Bishop OPENED public testimony.                                                                                        
                                                                                                                                
9:29:19 AM                                                                                                                    
                                                                                                                                
MACK MEINERS,  SELF, JUNEAU (via  teleconference), testified                                                                    
in support  of the bill.  He believed that  electronic games                                                                    
would  increase play  and  accountability.  He thought  that                                                                    
rules should be put in place and suggested a trial run.                                                                         
                                                                                                                                
9:31:58 AM                                                                                                                    
                                                                                                                                
SANDY    POWERS,    BIG    VALLEY   BINGO,    WILLOW    (via                                                                    
teleconference),  felt   that  the  legislation   needed  to                                                                    
protect  the charities  and  businesses  and benefitted  the                                                                    
economy.  She  spoke  of the  state  limitations  on  gaming                                                                    
expenses. She  express concern that  out of  state companies                                                                    
that provided the games to  vendors could require 50 percent                                                                    
of  the profits,  leaving little  behind for  the state  and                                                                    
Alaskan charities.  She spoke of  the changes that  would be                                                                    
needed to  current statute. She worried  that outside gaming                                                                    
companies  could  have  influence  over  DOR  and  what  was                                                                    
written into the new electronic  gaming statutes. She agreed                                                                    
that electronic games would be more secure.                                                                                     
                                                                                                                                
9:35:45 AM                                                                                                                    
                                                                                                                                
KATHY  FITZGERALD,  SELF,  FAIRBANKS  (via  teleconference),                                                                    
testified in support  of the legislation. She  felt that the                                                                    
electronic  games   would  bring   in  a  new   and  younger                                                                    
demographic  to the  industry. She  thought that  electronic                                                                    
gaming  would be  more efficient  and secure.  She spoke  of                                                                    
illegal gambling that was occurring on Facebook.                                                                                
                                                                                                                                
9:38:49 AM                                                                                                                    
                                                                                                                                
Senator Wilson  commented that notification and  letters had                                                                    
been issued  to those gambling  on Facebook by  Alaska State                                                                    
Troopers.                                                                                                                       
                                                                                                                                
9:39:34 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof stated  that in  2018, gaming  brought in                                                                    
$376 million in total gross  receipts; $385 million in 2019.                                                                    
She said that there were  1,101 permit holders in the state,                                                                    
28 percent of  which were in rural Alaska,  which meant that                                                                    
28  percent  of  $285  million was  brought  in  from  rural                                                                    
Alaska. She  noted that rural  Alaska had the  highest sales                                                                    
tax in  the state and hosted  the highest cost of  goods and                                                                    
services.  She worried  that the  electronic games  would be                                                                    
another  way  to separate  people  in  the area  from  their                                                                    
money.                                                                                                                          
                                                                                                                                
9:41:15 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop CLOSED public testimony.                                                                                        
                                                                                                                                
9:41:18 AM                                                                                                                    
                                                                                                                                
Senator  Wielechowski asked  about the  percentage breakdown                                                                    
of each dollar raised by pull tab gaming.                                                                                       
                                                                                                                                
9:41:57 AM                                                                                                                    
                                                                                                                                
Ms. Glover deferred to Katrina Mitchell.                                                                                        
                                                                                                                                
9:42:22 AM                                                                                                                    
                                                                                                                                
KATRINA  MITCHELL, AUDIT  SUPERVISOR,  TAX DIVISION,  JUNEAU                                                                    
(via teleconference), said that  of the gross receipts taken                                                                    
in, prized  were first paid  out. She stated  that potential                                                                    
profits were know to vendors  upon purchase of the game. She                                                                    
explained once the prizes were  extracted, whatever was left                                                                    
was  adjusted gross  income. She  relayed that  according to                                                                    
statute no  more than  70 percent  of adjusted  gross income                                                                    
could go  toward paying gaming  related expenses.  The other                                                                    
30 percent, or  net proceeds, was the amount  of profit that                                                                    
went to charities and was reinvested into communities                                                                           
                                                                                                                                
9:44:08 AM                                                                                                                    
Senator Wielechowski surmised that  of the gross receipts 70                                                                    
percent went  to the  pull tab operator  in terms  of gaming                                                                    
expenses and then 30 percent went to charity.                                                                                   
                                                                                                                                
9:44:21 AM                                                                                                                    
                                                                                                                                
Ms.  Mitchell replied  in the  affirmative. She  stated that                                                                    
the  statute  required  that  a minimum  of  30  percent  of                                                                    
adjusted  gross income  would be  paid  to the  organization                                                                    
holding the permit.                                                                                                             
                                                                                                                                
9:44:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop requested  a hypothetical scenario involving                                                                    
one charity and one game.                                                                                                       
                                                                                                                                
9:44:55 AM                                                                                                                    
                                                                                                                                
Ms. Mitchell explained  that a vendor would buy  a game from                                                                    
licensed pull tab manufacturer. Then  the game is sold to an                                                                    
organization  authorized   to  sell  pull  tabs   under  the                                                                    
Charitable Gaming Act. The vendor  collects 3 percent tax on                                                                    
the ideal net  of the game, which is remitted  to the state.                                                                    
Finally, the game is sold to customers.                                                                                         
                                                                                                                                
9:47:11 AM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop  wondered  how   much  money  would  go  to                                                                    
charities.                                                                                                                      
                                                                                                                                
9:47:31 AM                                                                                                                    
                                                                                                                                
Ms. Mitchell replied  that 30 percent of  the adjusted gross                                                                    
income would be remitted to the charity.                                                                                        
                                                                                                                                
9:47:57 AM                                                                                                                    
                                                                                                                                
Senator Costello  clarified the  previous testimony  that 50                                                                    
percent of the money would  go outside of the state economy.                                                                    
She  reminded  that  the remaining  dollars  still  went  to                                                                    
Alaskan  communities.  She  also  noted  that  of  the  $376                                                                    
million  in gaming  dollars only  a fraction  was from  pull                                                                    
tabs.                                                                                                                           
                                                                                                                                
9:48:53 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink  said that the  state collected  $2.7 million                                                                    
from pull tabs in the state.  She noted that there were only                                                                    
19 pull  tab operators in  the state, but many  vendors such                                                                    
as bars and liquor stores.                                                                                                      
                                                                                                                                
9:49:51 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski looked at  the gross receipts and asked                                                                    
whether the 70  percent in expenses included  any profit for                                                                    
the bar or vendor.                                                                                                              
                                                                                                                                
9:50:06 AM                                                                                                                    
                                                                                                                                
Ms. Wilterdink  replied in the  affirmative. She  added that                                                                    
the amount  was small  and noted  that sometimes  bars could                                                                    
suffer losses.                                                                                                                  
                                                                                                                                
9:50:48 AM                                                                                                                    
                                                                                                                                
Senator  Costello   thought  Grover  Gaming   could  discuss                                                                    
tracking paper pull tabs versus electronic pull tabs.                                                                           
                                                                                                                                
9:51:15 AM                                                                                                                    
                                                                                                                                
SCOTT  HENNEMAN,   VICE  PRESIDENT,  GROVER   GAMING,  NORTH                                                                    
CAROLINA (via teleconference),  discussed purchasing tickets                                                                    
from  manufacturers.  He  clarified that  the  bill  offered                                                                    
additional  security.  He  spoke  to  the  ease  of  running                                                                    
reports using the electronic system.  He said that no credit                                                                    
cards were used for charitable  gaming in the United States.                                                                    
He was  not sure about the  50 percent of funds  leaving the                                                                    
state. He                                                                                                                       
                                                                                                                                
9:53:54 AM                                                                                                                    
                                                                                                                                
Senator  Wilson  asked whether  the  machines  were sold  or                                                                    
leased.                                                                                                                         
                                                                                                                                
Mr.  Henneman  said  that  in   many  cases,  machines  were                                                                    
donated. He  stated that occasionally  they were  leased. He                                                                    
relayed  that the  bar  generally had  to  buy a  dispensing                                                                    
device.                                                                                                                         
                                                                                                                                
9:54:59 AM                                                                                                                    
                                                                                                                                
Senator  Wilson  wondered who  paid  the  sales tax  to  the                                                                    
state.                                                                                                                          
                                                                                                                                
Ms. Wilterdink  replied that the  proceed fees were  paid by                                                                    
the charity. She deferred to DOR.                                                                                               
                                                                                                                                
9:56:08 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop discussed housekeeping.                                                                                         
                                                                                                                                
9:56:37 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  shared the anticipated  afternoon schedule                                                                    
and  work that  the Senate  Finance Committee  would conduct                                                                    
during the 1PM meeting.                                                                                                         
                                                                                                                                
9:59:01 AM                                                                                                                    
                                                                                                                                
Senator  Olson wondered  whether the  afternoon conversation                                                                    
would pertain to the PFD amount.                                                                                                
                                                                                                                                
9:59:11 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  responded that  the presentation  would be                                                                    
more  of a  high-level overview  to offer  members food  for                                                                    
thought to start formulating policy positions.                                                                                  
                                                                                                                                
SB  130  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB 130 Sectional Analysis Version A 5.3.21.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Sponsor Statement.pdf SFIN 5/12/2021 9:00:00 AM
SL&C 5/3/2021 1:30:00 PM
SB 130
SB 130 Supporting Document - AK Electronic Pulltabs Overview.pdf SFIN 5/12/2021 9:00:00 AM
SL&C 5/3/2021 1:30:00 PM
SB 130
SB 130 Supporting Document - Legal Opinion on Class III Gaming.pdf SFIN 5/12/2021 9:00:00 AM
SL&C 5/3/2021 1:30:00 PM
SB 130
SB 130 Supporting Document - Pull-Tabs Process.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Supporting Document - Pull-Tab Permittees Vendors Operators.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Supporting Document - Overview of Charitable Gaming 2021.05.pdf SFIN 5/12/2021 9:00:00 AM
SFIN 3/16/2022 1:00:00 PM
SB 130
SB 130 Letters of Support as of 5.6.21.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Letters of Opposition as of 5.6.21.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Letter of support Electronic Pull-Tabs White Paper.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Public Testimony Treadwell.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Public Testimony Newton.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Public Testimony Beal.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Testimony Alaska Outdoor Council.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Public Testimony Huot.pdf SFIN 5/12/2021 9:00:00 AM
SB 130
SB 130 Public Testimony McKinley.pdf SFIN 5/12/2021 9:00:00 AM
SB 130